20131112 TZHC Dar es Salaam

20131112 TZHC Dar es Salaam

A defective affidavit, being evidence, cannot be amended; therefore, the counter-affidavit must be struck out.

Citation
20131112 TZHC Dar es Salaam
Parties
Applicant: Kahama Mining Corp. Ltd; Respondent: Lucas B. Nyanda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 November 2013
Procedural Posture
Civil Revision / Ruling on Preliminary Objection Regarding Counter Affidavit
Outcome
Counter-affidavit struck out
Legal Topics
Affidavit Defects, Verification of Affidavits, Jurat Requirements, Amendment of Affidavits
Source Language
English
Civil Procedure Affidavit Defects Verification of Affidavits Jurat Requirements Amendment of Affidavits

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Parties

Kahama Mining Corp. Ltd

Applicant

Lucas B. Nyanda

Respondent

Procedural Posture

Civil Revision / Ruling on Preliminary Objection Regarding Counter Affidavit

Legal Issues

  1. 1 Whether a defective counter-affidavit can be amended
  2. 2 Whether failure to verify certain paragraphs and improper jurat renders affidavit incurable

Ratio Decidendi

A defective affidavit, being evidence, cannot be amended; therefore, the counter-affidavit must be struck out.

Court Disposition

Counter-affidavit struck out

Orders

  • Respondent's counter-affidavit is struck out
  • Preliminary objection to be argued by way of written submissions